Salim Ayub Mwalukuku T/A Al-Habib Pharmacy v Salim Somobwana T/A Somobwana Investment (Tribunal Case E034 of 2022) [2022] KEBPRT 231 (KLR) (Civ) (17 June 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 231
- Citation
- [2022] KEBPRT 231 (KLR)
- Decided
- 17 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureAppeal from a previous orderCoramHON. GAKUHI CHEGE, Kahindi holding brief for Mwarandu for Landlord
Holding
The tenant's application is dismissed, and the landlord is entitled to use lawful means to recover all rent in arrears from the tenant.
Facts
The tenant, Salim Ayub Mwalukuku, sought orders to remove a padlock from his pharmacy premises and to prevent the landlord, Salim Somobwana, from interfering with his business. The tenant claimed he had paid rent through his wife, while the landlord claimed the tenant was in arrears and had closed the shop.
Issues
- Whether the tenant is entitled to the orders sought.
- Whether the landlord is entitled to recover alleged rent arrears from the tenant.
- Who is liable to pay costs.
Reasoning
The tenant did not provide evidence to prove he had paid rent for August, September, and October 2021, and the landlord was entitled to claim for the rent arrears.
Outcome
The tenant's application is dismissed.
Orders
- The tenant's application dated February 16, 2022 and the complaint of even date is dismissed.
- The landlord is entitled to use lawful means to recover all rent in arrears from November 2021 and all unpaid months thereafter.
- The interim orders given on 22/2/2022 are hereby discharged.
- The landlord is entitled to costs of Kshs 20,000/- against the tenant.
Authorities cited
Legislation (2)
- Evidence Act cap 80, Laws of Kenya
- Cap 301 Laws of Kenya
Cases cited (3)
- Samuel Kipkori Ngeno & Another vs Local Authorities Pension Trust (Registered Trustees) & Another (2013) eKLR
- Kyangavo vs- Kenya Commercial Bank Ltd & Another (2004) eKLR
- Giella – vs- Cassman Brown & Co. Ltd (1973) EA 358)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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